AINP Application package(H1B Stream) sent after 01-01-2009 under the NEW process

[cuterash]

Email2kale

following is my time line

Sent scanned documents by email to Alberta on Dec 10th,2008 ,
Recieved invitation letter on 01/16/2009 from Alberta ,
Sent nomination file on 01/29/09 ,
recieved by alberta 2/6/09

Hello Friends,

I have applied under old style i.e sending email with scanned documents and then recieving invitation letter and then apply for Nomination
I have filled AINP 003 FORM and alberta recieved it on Feb 6th 2009

I want to know whether the new rule applys to me or not

Following is the new rule from there website

To determine whether a Candidate's occupation is under pressure in Alberta, a Candidate should first reference the National Occupational Classification (NOC) website to determine the four digit NOC code that best matches their current job description. The Candidate should then consult the AINP Occupations Under Pressure List for the Strategic Recruitment Stream – U.S. Visa Holder Category to find out if their four digit NOC code is on the list.

Thanks in advance

When did you initiate this process?

[cuterash]

Akk,

Actually ,the fact is , i have been laid off already on 24th Feb 2009 and my current employer is revoking my h1b in March last week.

On the otherside, i have found an IT consultant and who has already sent my h1b tranfer file to USCIS in first week of feb under standard processing .

My current AINP time line is as follows

Sent documents by email to Alberta on Dec 10th,2008
Recieved invitation letter on 01/16/2009 from Alberta ,
Sent nomination file on 01/29/09 ,
Recieved by alberta 2/6/09

I am a NON-IT engineer and i fully doubt that i will be receiving an enquiry from USCIS as they started auditing most of the cases recently.
but under standard processing ( which will take 45 - 60 days ) will buy me time to stay in USA and meanwhile i will get my Nomination.

Once i get it, i can leave for India and continue to apply from there
 

Kindly comment.....

cuterash,

Do you have your nomination already? If yes, just apply for CIC, and then you can leave the country (don't forget to tell alberta and cic your new address). CIC will continue your PR even though you leave the country...

If you haven't receive nomination you must find a way to have a valid H1B at the time you receive nomination, so if you get fired find another employer asap.

I already received my nomination and I already applied for cic a month ago..

Akk

Akk , I am also on the verge of layoff and sent application for nomination on Jan 29th 2009 .please let us know if you find some info. on if you leave the country after getting nominated ...can you still continue the process

[albertaorbust]

Akk,

Actually ,the fact is , i have been laid off already on 24th Feb 2009 and my current employer is revoking my h1b in March last week.

On the otherside, i have found an IT consultant and who has already sent my h1b tranfer file to USCIS in first week of feb under standard processing .

My current AINP time line is as follows

Sent documents by email to Alberta on Dec 10th,2008
Recieved invitation letter on 01/16/2009 from Alberta ,
Sent nomination file on 01/29/09 ,
Recieved by alberta 2/6/09

I am a NON-IT engineer and i fully doubt that i will be receiving an enquiry from USCIS as they started auditing most of the cases recently.
but under standard processing ( which will take 45 - 60 days ) will buy me time to stay in USA and meanwhile i will get my Nomination.

Once i get it, i can leave for India and continue to apply from there
 

Kindly comment.....


Cuterash,

It's a tricky situation. On Feb 19th AINP -H1B office introduced new rule for H1B applicants, that the applicant must be in H1B status during the time of final decision. How ever as you initiated your process when they required that the applicant be in H1B status during initial process, I think the new rule should not apply to you. Also it looks like the certificate time line is 3 - 4 months from the day complete package is received by AINP.
The standard processing time for H1B transfer is around 90 days. It can be more during the April rush time. So you might get lucky there.

ALBERTAorBUST

[akk]

So sorry to hear your situation....If you are changing employers and keep your H1B, that would be no problem at all, I guess. But if you lose your H1B status you might have a problem, would be worse if you leave US without nomination...
I highly recommend people to not call the hot line..but in your case I would call and ask them about your situation....

Akk

Akk,

Actually ,the fact is , i have been laid off already on 24th Feb 2009 and my current employer is revoking my h1b in March last week.

On the otherside, i have found an IT consultant and who has already sent my h1b tranfer file to USCIS in first week of feb under standard processing .

[email2kale]

So sorry to hear your situation....If you are changing employers and keep your H1B, that would be no problem at all, I guess. But if you lose your H1B status you might have a problem, would be worse if you leave US without nomination...
I highly recommend people to not call the hot line..but in your case I would call and ask them about your situation....

Akk

Akk,

Actually ,the fact is , i have been laid off already on 24th Feb 2009 and my current employer is revoking my h1b in March last week.

On the otherside, i have found an IT consultant and who has already sent my h1b tranfer file to USCIS in first week of feb under standard processing .

Sorry friend to hear your case.

I agree with AKK and try calling hotline and convience them to speed up your process... I guess in your case as you are into non-IT field, you may have probability of getting your case done fast.

[nomad_musafir]

cuterash,

my sympathies are with you, my fellow non-it engineer.
i guess you should be fine even with the new rule. i do not understand how they are going to implement the requirement of the applicant being on H1 at the time of AINP decision, unless they ask for another paycheck "at" the time of decision, which makes no sense. anyway it should take them some time to figure out the mechanics of implementing this new rule.
depending on how the process moves ahead, you may want to start the pcc process in india, and fbi clearance in the us sometime in march.
you just need to wait and watch, everything will be fine as far as ainp is concerned.

[ron77]

Rash...

.AINP received my application on Feb 11th....Also my company has announced lay offs.....Can you please give me contact of IT consultant....in case i need it??

Akk,

Actually ,the fact is , i have been laid off already on 24th Feb 2009 and my current employer is revoking my h1b in March last week.

On the otherside, i have found an IT consultant and who has already sent my h1b tranfer file to USCIS in first week of feb under standard processing .

My current AINP time line is as follows

Sent documents by email to Alberta on Dec 10th,2008
Recieved invitation letter on 01/16/2009 from Alberta ,
Sent nomination file on 01/29/09 ,
Recieved by alberta 2/6/09

I am a NON-IT engineer and i fully doubt that i will be receiving an enquiry from USCIS as they started auditing most of the cases recently.
but under standard processing ( which will take 45 - 60 days ) will buy me time to stay in USA and meanwhile i will get my Nomination.

Once i get it, i can leave for India and continue to apply from there
 

Kindly comment.....


Cuterash,

It's a tricky situation. On Feb 19th AINP -H1B office introduced new rule for H1B applicants, that the applicant must be in H1B status during the time of final decision. How ever as you initiated your process when they required that the applicant be in H1B status during initial process, I think the new rule should not apply to you. Also it looks like the certificate time line is 3 - 4 months from the day complete package is received by AINP.
The standard processing time for H1B transfer is around 90 days. It can be more during the April rush time. So you might get lucky there.

ALBERTAorBUST

[cuterash]

AKK and other friends thanks for your replies ,

My H1B transfer is in process and my consultant is going to put me on payroll ( without project) so that there are no gaps in the paycheks between old and new company .

How do AINP know wheather i / we are on H1B or not during the time they make final decision.
what about NOC ...do you guys think i need to get that .....

Should i inform AINP for this H1B transfer or wait and keep the case simple until they make final decision ..i am getting last paycheck from current company on March 16th and from 17th March , i will be on payroll of new company

Do you guys really think, it's a good idea to call hot line and tell them the truth ... or just talk to them in general .

So sorry to hear your situation....If you are changing employers and keep your H1B, that would be no problem at all, I guess. But if you lose your H1B status you might have a problem, would be worse if you leave US without nomination...
I highly recommend people to not call the hot line..but in your case I would call and ask them about your situation....

Akk

Akk,

Actually ,the fact is , i have been laid off already on 24th Feb 2009 and my current employer is revoking my h1b in March last week.

On the otherside, i have found an IT consultant and who has already sent my h1b tranfer file to USCIS in first week of feb under standard processing .

[nick_s]

hi all,
i confirmed with hot-line that if they start processing our application before the new rule which start 2/19/09 (the applicant must be in H1B status at the time of final decision) then the old rule will be apply (the applicant need only be in H1B status during initial process). questions regarding old rule are: do we need to be present in the US at the time of final decision? also, some of you say that once we received the nomination, we can leave the country and continue the process with CIC from anywhere. on the other hand, i think i saw some post saying that we have to continue process with buffalo office only.

[cuterash]

Nick_s and other friends ,

I have also called hotline and confirmed the same i.e. who ever sent application before 2/19/09 then old rule will apply and who ever applied after 2/19 then new rule will apply.

Old rule - you need to be in usa on valid H1B at the time of sending your nomination file to ALBERTA
New Rule - you need to be in USA on valid  H1B at the time when ALBERTA makes final decision ( not CIC )

Representative also told me that they are very careful on marking all the files they recieve with date so based on the dates rules will apply .


 

hi all,
i confirmed with hot-line that if they start processing our application before the new rule which start 2/19/09 (the applicant must be in H1B status at the time of final decision) then the old rule will be apply (the applicant need only be in H1B status during initial process). questions regarding old rule are: do we need to be present in the US at the time of final decision? also, some of you say that once we received the nomination, we can leave the country and continue the process with CIC from anywhere. on the other hand, i think i saw some post saying that we have to continue process with buffalo office only.

[fira]

huh....i just missed by a date...alberta received my appln on 2/20

[chow]

huh....i just missed by a date...alberta received my appln on 2/20

I think who ever mailed their application to Alberta office before 2/19 is fine. Confirm it.

[akk]

For CIC process YOU CAN leave the country, in case you need....CIC may or may not transfer the case to your home country.
I am sure of that, and I will leave the country in the middle of my cic process...like several people in this forum..

Akk

hi all,
i confirmed with hot-line that if they start processing our application before the new rule which start 2/19/09 (the applicant must be in H1B status at the time of final decision) then the old rule will be apply (the applicant need only be in H1B status during initial process). questions regarding old rule are: do we need to be present in the US at the time of final decision? also, some of you say that once we received the nomination, we can leave the country and continue the process with CIC from anywhere. on the other hand, i think i saw some post saying that we have to continue process with buffalo office only.

[nick_s]

CIC may or may not transfer the case to your home country.

Can we make a request as to where CIC will transfer our file?? Or CIC will let us know where do we need to go?

[akk]

Can we make a request as to where CIC will transfer our file??
No, you cannot.

Or CIC will let us know where do we need to go?
Yes, they will let you know.

The only thing you need to do is keep them informed about address changes.

Akk

CIC may or may not transfer the case to your home country.

Can we make a request as to where CIC will transfer our file?? Or CIC will let us know where do we need to go?